Callaghan, James Edwin (CPSO#: 19797)

Summary

Practice Information

Medical Licences in Other Jurisdictions

Specialties

Registration History

Practice Restrictions

            As from April 19, 2017, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. James Edwin
            Callaghan, in accordance with an undertaking and consent given by Dr. Callaghan
            to the College of Physicians and Surgeons of Ontario:

                        
                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. JAMES EDWIN CALLAGHAN
                                          ("Dr. Callaghan")
                  
                                                to 
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Callaghan, certificate of registration number 19797, am a member
                  of the College.  

            (3)   I, Dr. Callaghan, acknowledge that the College has received information
                  about my standard of practice in relation to my interpretation of breast
                  images in Quebec. I am aware of the College's concern about protecting
                  the public and I understand the nature of the College's concerns about my
                  breast image review practice.

            (4)   I, Dr. Callaghan, acknowledge that I am not currently practising medicine
                  in Ontario.

            B.    UNDERTAKING

            (5)   I, Dr. Callaghan, acknowledge and agree that I am bound by this
                  Undertaking from the date on which I sign it. 

            (6)   I, Dr. Callaghan, undertake that I will provide a minimum of forty-five
                  (45) days' notice to the College of my intent to return to the practice
                  of medicine in Ontario. 



            (7)   Assessment

                  (a)   I, Dr. Callaghan, undertake to submit, at minimum, to an assessment
                        of my practice ("the Assessment") within approximately six (6)
                        months of my return to the practice of medicine in Ontario, by an
                        assessor or assessors selected by the College (the "Assessor(s)"). 
                  
                  (b)   I, Dr. Callaghan, acknowledge that the Assessment may include
                        review of cases for which I have been consulted and provided image
                        interpretation, direct observation of my interactions with
                        patients, interviews with colleagues and co-workers, feedback from
                        patients and any other tools deemed necessary by the College.
                  
                  (c)   I, Dr. Callaghan, undertake to co-operate fully with the
                        Assessment, conducted under the term of this Undertaking.
                  
            (8)   Monitoring 

                  (a)   I, Dr. Callaghan, undertake and agree that I will submit to, and
                        not interfere with, unannounced inspections of my Practice
                        Location(s) and patient records by a College representative for the
                        purposes of monitoring my compliance with the provisions of this
                        Undertaking.
                  
                  (b)   I, Dr. Callaghan, give my irrevocable consent to the College to
                        make appropriate enquiries of OHIP, and/or any person who or
                        institution that may have relevant information, in order for the
                        College to monitor my compliance with the provisions of this
                        Undertaking. 
                  
                  (c)   I, Dr. Callaghan, acknowledge that I have executed the OHIP consent
                        form, attached hereto as Appendix "A". 
                  
            (9)   I, Dr. Callaghan, undertake to comply with this Undertaking and
                  acknowledge that a breach by me of any provision of this Undertaking may
                  constitute an act of professional misconduct and/or incompetence, and may
                  result in a referral of specified allegations to the Discipline Committee
                  of the College.

            C.    ACKNOWLEDGEMENT

            (10)  I, Dr. Callaghan, acknowledge that all appendices attached to or referred
                  to in this Undertaking form part of this Undertaking.

            (11)  I, Dr. Callaghan, acknowledge that I shall be solely responsible for
                  payment of all fees, costs, charges, expenses, etc. arising from the
                  implementation of any of the provisions of this Undertaking. 

            (12)  I, Dr. Callaghan, acknowledge and confirm that I have read and understand
                  the provisions of this Undertaking and that I have obtained independent
                  legal counsel in reviewing and executing this Undertaking, or have waived
                  my right to do so.

            (13)  I, Dr. Callaghan, acknowledge that this entire Undertaking constitutes
                  terms, conditions, and limitations on my certificate of registration for
                  the purposes of section 23 of the Code. I understand that this
                  Undertaking shall be information on the College's Register that is
                  available to the public during the time period that the Undertaking
                  remains in effect.

            (14)  I, Dr. Callaghan, acknowledge that the following summary will appear on
                  the College's Register that is available to the public during the time
                  period that this Undertaking remains in effect:

                        Dr. Callaghan is not currently practising medicine in Ontario. 
                  
                        The College received information about Dr. Callaghan's standard of
                        practice with respect to his interpretation of breast images.
                        Further to the information received, Dr. Callaghan has agreed to
                        the following:
                  
                        *     Dr. Callaghan will provide a minimum of forty-five (45) days'
                              notice to the College of his intent to return to the practice
                              of medicine in Ontario.
                        *     His practice will be reassessed by an assessor selected by
                              the College within six (6) months of his return to the
                              practice of medicine in Ontario.
                  
            D.    CONSENT

            (15)  I, Dr. Callaghan, give my irrevocable consent to the College to provide
                  the following information to all Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (16)  I, Dr. Callaghan, give my irrevocable consent to the College to provide
                  this Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities approved by the College, at any Practice Location
                  ("Chief(s) of Staff"), and to provide said Chief(s) of Staff with any
                  information the College has that led to the circumstances of my entering
                  into this Undertaking and/or any information arising from the monitoring
                  of my compliance with this Undertaking.

            (17)  I, Dr. Callaghan, give my irrevocable consent to all Chiefs of Staff and
                  Assessors, to disclose to the College, and to one another, any
                  information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the Assessment;
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking; and/or  
                  
                  (d)   which he or she reasonably believes indicates a potential risk of
                        harm to my patients.

Previous Hearings

Committee: Discipline
Decision Date: 09 Dec 1992
Summary:

In December 1992, the Discipline Committee found Dr. Callaghan guilty of professional misconduct, as defined in s. 27(21) of 
Ontario Regulation 448/80, as amended, in that he failed to maintain the standard of practice of the profession.    The 
Committee also found Dr. Callaghan incompetent, as defined in s. 61(4) of the Health Disciplines Act, 1990, as amended, in that 
he displayed in his professional care of a patient a lack of knowledge, skill or judgment or disregard for the welfare of the 
patient of a nature or to an extent that demonstrates he is unfit to continue in practice.    Consequently, the Committee 
imposed the following penalty: 
 
   1. Dr. Callaghan's licence to practice was to be suspended for a period of six months. 
 
   2.    This suspension was itself to be suspended, on the condition that Dr. Callaghan provide   the 
      current panel or another panel of the Discipline Committee with the details of an acceptable position of employment 
      which, at a minimum, was to incorporate the following aspects, to the satisfaction of the Committee: 
 
      (a) appropriate supervision in a clearly-defined role as part of a suitably-sized group of radiologists; 
 
      (b) a job description which was to recognize his appropriate clinical role; and 
 
      (c) ongoing semi-annual reports from the Head of such a department to the Registrar of the College, which in 
          form and content were to be satisfactory to the Registrar. 
 
   3. A review of the Decisions and Reasons in the present Discipline case was to be acknowledged in writing by the Head 
      of the Department employing Dr. Callaghan on the occasion of the determination of the acceptability of the program 
      of employment by the Discipline Committee. 
 
   4.    In the event that the Discipline Committee judged the proposed progam of employment   as 
      acceptable, Dr. Callaghan's licence to practice medicine was to be restricted to practicing in that program, and only 
      under those circumstances, until such time as further application for a variation of conditions might be approved by a 
      panel of this Committee. 
 
   5. Failure by Dr. Callaghan to apply to the Discipline Committee for approval of such an employment program within six 
      months of the date of receipt of these Reasons would result in a revocation of his licence to practice. 
 
   6. Failure to comply, in the opinion of the Registrar, with any of the terms and conditions of an approved program of 
      employment was to result in the immediate suspension of Dr. Callaghan s licence to practice. 
       

      On September 9, 1993, after hearing an Application to suspend the suspension of Dr. 
      Callaghan's certificate of registration, the Committee made the following order:  

      1) Dr. James Callaghan's certificate shall be restricted to practising in a program established 
      for him by the Department of Diagnostic Imaging at a major city hospital for a period of one 
      year;  
2) Such practice shall be under the supervision of Dr. A., Chief of Radiology, or his alternate;  

3) An entry needs assessment and an exit evaluation shall be performed and be made available 
to the Registrar of the College and on any future application to this Committee to vary these 
regulations;  

4) All work by Dr. Callaghan in the Department of Radiology shall be supervised by members 
of said Department;  

5) Dr. A. or his alternate shall provide quarterly reports to the College which, in form and 
content, are satisfactory, in his sole discretion, to the Registrar;  

6) Should any report be deemed unsatisfactory by the Registrar or any of the terms and 
conditions of this restricted certificate not be complied with, Dr. Callaghan's certificate of 
registration to practise shall be immediately suspended in accordance with the Committee's 
decision of February 26,1993; and  

7) Any request for an extension of variation of these conditions shall be made by way of 
timely application near the end of the one year period of the program referred to in paragraph 
1 above.  
 
 
On May 12, 1995, Counsel for the College and for Dr. Callaghan presented the Committee 
with a draft Order to vary the terms, conditions and limitations imposed upon Dr. Callaghan's 
certificate of registration. This Order was agreed upon by both parties, except for the extent of 
the new terms, conditions and limitations to be so imposed. The College recommended a 
twelve-month transitional period of supervision; Dr. Callaghan, through his counsel, asked for 
a six-month transitional period of supervision.  
 
The Discipline Committee made an Order directing the Registrar to remove the terms, 
conditions and limitations currently imposed on the certificate of registration of Dr. James 
Edwin Callaghan, and to substitute the following terms, conditions and limitations: Dr. 
Callaghan may only practise general radiology, fluoroscopy and ultrasonography, and only in 
accordance with the supervisory and other provisions in the rest of this order. The objective of 
the practice experience authorized by this Order is to provide a transitional period of six 
months to assist Dr. Callaghan in the transition from a heavily supervised practice towards an 
independent practice. The six-month practice experience authorized by this Order must be 
completed by Dr. Callaghan within twenty-four months of the date of this Order. During the 
term of this Order:  
Dr. Callaghan may only practise in a diagnostic facility licensed under the Independent Health 
Facilities Act which has a certified radiologist as its quality advisor, or in a public health 
facility;  

Dr. Callaghan's practice will be reviewed in detail on an ongoing basis, at Dr. Callaghan's 
expense, by a certified radiologist agreeable to Dr. Callaghan and acceptable to the Registrar.  

Reports regarding the assessments will be sent by the supervisor to the College's Director of 
Professional Enhancement. The supervisor will promptly inform the Director of Professional 
Enhancement if Dr. Callaghan is not practising in accordance with the standards of 
radiological consultation in Ontario, or if  

Dr. Callaghan is removed or suspended from the diagnostic facility The supervisor will notify 
Dr. Callaghan and the Director of Professional Enhancement, if the supervisor believes that 
Dr. Callaghan's performance is placing patients at risk and Dr. Callaghan will immediately 
stop practising.  

Dr. Callaghan is to appear before the Discipline Committee again if the supervisor's reports 
are not satisfactory. If the Committee forms the opinion that Dr. Callaghan is not progressing 
satisfactorily, or that different methods of supervision are necessary to accomplish the 
objectives of the practice experience, the Committee may amend the terms, conditions and 
limitations imposed on his certificate of registration accordingly. If the Committee receives 
information leading it to believe there has been a breach of any of the terms, conditions and 
limitations in this Order, or other adverse information about Dr. Callaghan, it will take 
whatever steps it considers advisable in the interests of the public and of Dr. Callaghan, 
including the revocation of Dr. Callaghan's certification of registration.  

If Dr. Callaghan complies with this Order and his assessments are satisfactory, the terms, 
conditions and limitations currently imposed will be removed from his certificate of 
registration. 
 
 

Appeal: Appeal Dismissed
Appeal Decision Date: 27 Jan 1994
Hearing Date(s): 16 Nov 1992

Concerns

Source: Member
Active Date: April 19, 2017
Expiry Date:
Summary:
Dr. Callaghan is not currently practising medicine in Ontario.

The College received information about Dr. Callaghan’s standard of practice with respect to his interpretation of breast images. Further to the information received, Dr. Callaghan has agreed to the following:

- Dr. Callaghan will provide a minimum of forty-five (45) days’ notice to the College of his intent to return to the practice of medicine in Ontario.
- His practice will be reassessed by an assessor selected by the College within six (6) months of his return to the practice of medicine in Ontario.